, yes, courts set them when the people themselves, even in california, even in hawaii, even in most liberal places have had chance to vote they said we want marriage to be between man and woman. the polling on this it always ends up being larger majority for those favoring traditional marriage on the actual election day than what the polls normally show. if it's a dead heat in places like maine right now, my guess is, marriage is going to win. >> remember when and if the supreme court gets this case it is likely to go off on constitutional grounds. think for a moment. whether you want to vote on most of what the constitution today allows or prohibits. i'm not surprised. particularly i'm not surprised because almost all of these referenda came on very early before you saw the transformation we now see in the voting public. they came on who put them on. those who were always against same sex marriage. the people are only catching up to them now, i concede that this is one of the great transformations, issues of all times. it's not going to happen in one fell swoop but it is happening.